The study examines the amendment to the state constitution that proposes to require a two-thirds supermajority vote of both the Michigan House and Senate, or a simple majority vote of the people in a November election, to impose new state taxes or increase any state taxes that currently require only a majority vote of the Legislature. The study concludes that Proposal 5 is likely to provide additional protection against state tax increases, though it may be appropriate to ensure state lawmakers take further steps to ensure the original intent of the proposal.
The Policy Brief was authored by Michael D. LaFaive, director of the Morey Fiscal Policy Initiative at the Mackinac Center for Public Policy. … more
The study examines the claim that local control will diminish if Proposal 1 passes and Public Act 4 is nullified. Public Act 4 had provided expanded powers to state-appointed emergency managers of local governments and school districts that are in a state of serious “fiscal stress or “fiscal emergency.” The study determined that the question in Michigan has not been whether state-appointed managers or court-appointed receivers may replace local elected officials in running a local unit of government; they have been able to do so for decades. The only question is whether state government will participate in the effort to avoid local fiscal insolvency and how it will do so.
The Policy Brief was authored by James M. Hohman, assistant director of Fiscal Policy for the Mackinac Center for Public Policy. … more
The proposed constitutional amendment would authorize the forced unionization of tens of thousands of home-based caregivers in Michigan, allowing the Service Employees International Union to continue skimming millions of dollars in dues from Medicaid stipends meant to help Michigan’s most vulnerable residents. A line-by-line review of Proposal 4 shows that it would not provide any programs or services to in-home care recipients that are not already available, including any improved care, new options for care recipients or taxpayer cost savings. … more
The study examines how the proposed constitutional amendment would enshrine collective bargaining in the state constitution, which would allow government union collective bargaining agreements to invalidate numerous state laws meant to improve the quality of public services and would likely negate a projected $1.6 billion in annual taxpayer savings.
The Policy Brief was co-authored by Vernuccio and other Mackinac Center analysts: Senior Legal Analyst Patrick J. Wright, Executive Vice President Michael J. Reitz and Assistant Fiscal Policy Director James M. Hohman. Also co-authoring was Paul Kersey, director of labor policy at the Illinois Policy Institute. … more
The proposed constitutional amendment would mandate a 25 percent renewable energy standard for Michigan by 2025. The policy brief estimates the cost of the mandates using the State Tax Analysis Modeling Program – or STAMP – to determine the economic impact on Michigan. They determine that the ballot measure would impose higher electricity prices and economic costs than are sustainable or environmentally friendly. … more
These are mostly injectable drugs for cancer and other important therapies, and they are frequently produced by generic drugmakers. These drugs are not dispensed by community pharmacies, but rather administered by health professionals in clinical settings.
Currently proposed solutions are unlikely to address the crisis satisfactorily. Congress appears ready to give more power to the FDA, but making FDA regulations more onerous will not alleviate the current shortage of crucial medicines.
A more promising approach is to make it easier for competitors to enter the market in response to forthcoming shortages. In general, this means reducing and ultimately removing the FDA’s monopoly on the approval of drugs for medical use. Shifting these medicines to Medicare Part D insurance may also stabilize supply by helping ensure manufacturers receive adequate compensation for the medicine, even as taxpayers are protected from escalating costs. … more
Last year, a state Liquor Control Advisory Rules Committee was charged with developing alcohol control reform proposals. Some critics, however, have cautioned that the state’s present alcohol laws are necessary to protect public health. This Policy Brief examines the health and safety effects of alcohol regulations like Michigan’s. … more
Michigan Public School Employee Retirement Plans
This study considers the supposed ‘transition costs’ that would be effected by a state switch from a defined-benefit to defined-contribution retirement system. In it, the “transition costs” are found to be nonbinding and discretionary. In addition, the study offers the state a series of reforms that would diffuse such costs, as well as consideration for the long-term fiscal improvements that would arise from payment of the pension’s unfunded liabilities. … more
in Need of Reform
The Mackinac Center Legal Foundation sued to end the DHS' illegal diversion of so-called "union dues" from state subsidy checks received by home-based day care providers who watch children from low-income families. The "dues" were funneled to a government-employee union that purports to represent more than 40,000 of Michigan's home-based day care providers, who are actually private business owners and independent contractors.
The case was ruled moot by the Michigan Supreme Court after the DHS ceased to collect the dues and the DHS director stated that these home-based day care providers are not public employees. … more
Despite increased spending in Michigan public schools, districts regularly face tough choices allocating their resources. This study surveys the privatization of the three major noninstructional services: food, custodial and transportation services. The findings are that over half of public schools have privatized at least one of these services; what is more, about 93 percent report satisfaction with the private-sector services they receive, which spells progress towards improving services while spending less. … more
In this Policy Brief, the author analyzes state pension data to determine whether state taxpayers have saved money as a result of the switch. … more
No area of public policy in Michigan is more in need of fresh thinking than the relationship between government and its employees. With Michigan’s recurring government budget struggles, and with a new Legislature and governor espousing a commitment to performance, efficiency and accountability in government, a new labor law for government employees is imperative.
This report outlines a variety of ways the Michigan Legislature can address the damaging impact of PERA. … more
Virtual learning is not for every student, but it’s not science fiction, either. Right now in Michigan, it’s being used by thousands of students in hundreds of virtual courses in urban, rural and suburban school districts. In fact, Michigan has been seen as a national leader in virtual learning.
This study analyzes the financial costs and academic benefits of virtual learning, and it explores how this innovation could further benefit Michigan public school students. … more
Michigan is blessed with a wealth of the human and natural resources integral to building vibrant commerce and vigorous communities in the 21st century. At the moment, however, counterproductive public policies have made it harder for our industries to compete nationally and internationally and have reduced our state’s attractiveness to investors and entrepreneurs.
In addition, Michigan is not immune to the gradual erosion of equity and basic human freedom that accompanies a steady growth in the power and scope of government. Related to this, our government’s ability to properly perform many critical functions, including education, has been jeopardized by policymakers’ attempts to do too many things. This lack of focus has even led to confusion among policymakers over whether government exists to serve the people or vice versa.
There’s a lot of work to do to reverse this, but there’s good news. Once growth- and freedom-friendly policies are in place, recovery is likely to occur much more quickly than most people imagine.
For policymakers and voters serious about restoring freedom and economic vitality in the Great Lakes State, the Mackinac Center presents the following 101 recommendations.
This report is a compendium of work authored by Mackinac Center policy analysts and compiled by Senior Legislative Analyst Jack McHugh. The brief recommendations inevitably omit some nuance and detail. These are provided more fully in the online articles cited with each recommendation. … more
The largest impetus for contracting is cost savings. The survey found that first-year contracts alone are expected to save districts $16.7 million cumulatively. … more
This paper reviews MPSERS and MSERS pension and retiree medical benefits and confirms many of the published concerns* related to the level of benefits provided and the associated fiscal challenges facing Michigan taxpayers in both the short and long term.
*Citations provided in the study’s main text. … more
Rather than attempting to regulate insurance company and individual behavior, Michigan legislators would much better serve the people they represent by examining why insurance premiums are so high in the first place, in order to address the problem at its source. A careful study of Michigan’s insurance market and the regulations governing it indicates that no-fault insurance and the legislative requirement for individuals to purchase unlimited personal injury protection are two important reasons for the increased costs of providing insurance coverage in Michigan. The good news is that it is possible to reduce these costs and reduce the number of drivers who take the risk of violating the law and do not purchase insurance. … more
A lower court's interpretation of what constitutes a "public record" under Michigan's Freedom of Information Act would shield criminal and other improper government activities from public scrutiny, according to this "friend of the court" brief jointly submitted to the Michigan Supreme Court by the Mackinac Center for Public Policy and the Michigan Press Association.
Click here to download the PDF of this amicus brief. This news release explains the context of the case.
Following the filing of this brief, the Mackinac Center and MPA have submitted two supplemental briefs to the Court. The first alerted the Court to a new U.S. Supreme Court ruling that is relevant to this case. The second supplemental brief brings up recent examples of how the Appeals Court’s disastrous ruling has been used by school districts to deny FOIA requests and potentially hide improper activities. Read the news release for more information.
The Mackinac Center's original amicus brief for the Appeals Court hearing of this case, then named Howell Education Association v. Howell Board of Education, is available here. … more
The Mackinac Center’s brief urges the Michigan Supreme Court to hold that the judiciary need not defer to administrative agencies’ interpretations of ambiguous statutes. Alternatively, because Michigan courts (unlike federal courts) have not determined that agency rules created through formal adjudication are equivalent to rules created through notice-and-comment rulemaking, the Court could hold simply that there is no judicial deference to rules created through adjudication, leaving aside the question of deference to notice-and-comment rules.
The Michigan Supreme Court decided the case in July 2008. The justices held that the rulings of state agencies should not receive deference from the courts and that the Michigan judiciary hence plays an integral role in reviewing the legality of agency actions. The ruling places a direct check on the power of state agencies to interpret and to act upon laws passed by the Michigan Legislature.
The decision is a landmark in Michigan jurisprudence, particularly since it diverges from federal jurisprudence, which grants almost unlimited power to federal agencies in implementing laws passed by Congress. The court's ruling was substantially in agreement with the arguments presented in this brief. … more
Readers may view a supplemental video of Russ Harding interviewing Alan Taylor of Hart Enterprises. … more